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Patna High CourtCR. MISC./29680/2019bail granted

Vinod Mahto @ Binod Mahto v. The State Of Bihar

2019-06-11Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29680 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Vinod Mahto @ Binod Mahto, Sex-M, age 35 years, Son of Ghuran Mahto, 2.

Pramod Mahto, Sex-M, aged 26 years, Son of Ghuran Mahto, both residents of Village - Navtoli Bela, P.S.- Babubarhi, DistrictMadhubani ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bikramdeo Singh, Adv.

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-06-2019 Heard Sri Bikramdeo Singh, learned counsel, assisted by Sri Sanjay Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor.

Two petitioners, who are in custody since 23.03.2019, have prayed for grant of bail in Babubarhi P.S. Case No.263 of 2018, registered for offence under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code. Learned counsel for the petitioners submits that there is case and counter case in between the parties. He submits that it is true that there is allegation against petitioner no.2 regarding giving Farsa blow, however injury on the person of injured was noticed by the doctor as simple in nature, which is evident from

Patna High Court CR. MISC. No.29680 of 2019(2) dt.11-06-2019 2/2 Annexure-3 to the petition. So far as petitioner no.1 is concerned, no specific allegation has been made against him and there is general and omnibus allegation.

Learned Addl. Public Prosecutor has opposed the prayer for bail.

However, considering the nature of accusation, period of custody as well as the fact that there is case and counter case in between the parties, let both petitioners, namely, Vinod Mahto @ Binod Mahto and Pramod Mahto be released on bail on furnishing bail-bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned learned A.C.J.M.III, Madhubani in connection with Babubarhi P.S. Case No.263 of 2018.

(Rakesh Kumar, J.) nawalkrs/- U T